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(영문) 수원지방법원 2016.12.13 2016가합71856

기타(금전)

Text

1. The Defendants jointly share the Plaintiff KRW 1,000,000,000, and Defendant B with respect thereto from November 3, 2015, and Defendant B.

Reasons

Facts of recognition

The plaintiff is a corporation established on January 9, 2015 for the purpose of engaging in a new real estate sales business.

D As from January 9, 2015

C. From January 9, 2015, E had served as the representative director of the Plaintiff from the following day to the present day, and F had served as the auditor of the Plaintiff from January 9, 2015 to the present day.

Defendant C is a corporation established for the purpose of real estate development business, and Defendant C is a representative director G of Defendant C.

On January 23, 2015, the Plaintiff entered into a contract with the Defendants to purchase the land listed in the separate sheet (hereinafter “instant land”) with the amount of KRW 9 billion (hereinafter “instant contract”). The main contents are as follows.

In addition, the Plaintiff paid the Defendants the down payment, the KRW 27.2 billion on January 27, 2015, and KRW 300 million on January 28, 2015, respectively.

Article 2: 50 million won of down payment at the time of the contract, 2 billion won of the first intermediate payment, 3 billion won of the second intermediate payment within four months after the first intermediate payment, and 3.5 billion won of the remainder within four months after the second intermediate payment.

Article 4 In the event that there are grounds to restrict the exercise of ownership, such as mortgage, superficies, lease, etc. established on the instant real estate, the Defendants shall remove the defects and burdens of the rights and transfer full ownership to the Plaintiff before the intermediate payment is made.

except in cases of rights and amounts agreed to succeed.

Article 6 (1) In the event that the plaintiff requests documents, etc. necessary for the authorization and permission procedures for the construction of a detached housing complex for the purpose of purchase after this contract is concluded, the defendants will deliver to the plaintiff without objection.

② The Defendants shall actively cooperate with the Plaintiff to facilitate the promotion of the project of a detached housing complex, which is the purpose of purchasing the instant real estate.

Provided, That the name of permission shall be the defendants.

Article 7. The seller shall pay back the down payment at the time of the termination of the contract.